Patna High Court
Chandan Mandal @ Chandan Kumar Mandal @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail, subject to a bond, sureties, and verification of his antecedent.
Summary
The petitioner, Chandan Mandal, sought pre‑arrest bail in a case where 8.100 litres of illicit country‑made liquor was seized from a motorcycle registered in his name. He argued that he was not named in the FIR, had no knowledge of the liquor, and was merely the registered owner who had lent the bike for repairs; he also highlighted his clean antecedent. The State opposed the bail, contending the vehicle’s involvement in the offence. The court examined the facts, noting the petitioner’s lack of personal possession, non‑apprehension at the scene, and that his implication arose only during investigation as the vehicle owner. Concluding that the petitioner had made a prima facie case for bail, the court ordered his release on pre‑arrest bail subject to a bond and sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS. The order also directed the District Court to verify his criminal antecedent, after which the bail order would lapse if adverse findings emerged.
Issues considered
- Whether a person not named in the FIR but identified as the registered owner of a seized vehicle can be granted pre‑arrest bail.
- Whether the absence of personal possession of the seized liquor and a clean antecedent justify bail.
- Whether Section 438(2) of the Criminal Procedure Code and Section 482 of the BNSS are applicable in granting pre‑arrest bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- liquor seizure
- vehicle ownership
- false implication
- clean antecedent
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21313 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- SIKTI District- Araria
======================================================
Chandan Mandal @ Chandan Kumar Mandal @ Chandan Kumar S/o Harihar
Prasad Mandal Resident of village - Babhangama, P.S - Terhagachh, District -
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Mukesh Kumar Rana, learned counsel
appearing on behalf of the petitioner and Mr. Md. Iftekhar
Mahmood, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sikty P.S. case no. 50/2025 registered for the offence
punishable under Sections 30(a), 32(2), 32(3), 41 of Bihar
Prohibition and Excise Act-2022 (as amended upto date).
3. As per the allegation made in the FIR, 8.100 litres
of country made liquor was recovered from a motorcycle
bearing Reg. No. BR37AG-2559.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in the case. He has no concern either with the
Patna High Court CR. MISC. No.21313 of 2026(2) dt.16-04-2026
2/3
seized liquor or trade of liquor in any manner. 1.6 liters of
Nepali liquor was recovered from the co-accused and 6.300
liters from the seized motorcycle (total 8.100 liters). The
petitioner is not named in the F.I.R. and his name surfaced only
during investigation as the registered owner of the motorcycle
bearing Reg. No. BR37AG-2559. The petitioner was neither
apprehended at the spot nor was anything recovered from his
possession. He had given the motorcycle to a mechanic for
repair and had no knowledge of the alleged recovery. The
petitioner has clean antecedent. On these grounds, petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against
the petitioner, as well as, the aforesaid facts and circumstances,
it appears that the petitioner is not named in the F.I.R. and his
implication has surfaced only during the course of investigation
on the basis of being the registered owner of the seized
motorcycle. No recovery has been made from his conscious
possession and he was not apprehended at the place of
occurrence. I am of the opinion that the petitioner has, prima
facie, made out a case to be released on pre-arrest bail.
Patna High Court CR. MISC. No.21313 of 2026(2) dt.16-04-2026
3/3
7. The petitioner, above named, having clean
antecedent, is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned District
Court where the case is pending/successor court in connection
with /Sikty P.S. case no. 50/2025, subject to the condition as laid
down under Section 438(2) of the Cr.P.C./482 of the BNSS.
8. The District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that
the petitioner is involved in some other cases as what has
been stated in Para-3 of the bail petition, this order will
automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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